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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-04-2008, 08:42 AM
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Criminal Mischief


This is a misdemeanor charge of Chriminal Mischief. The incident happened in Broward County Florida in an apartment community that I was living at. Late one evening the police knocked on my door and told me that the rear windshield of a car was broken and that i was seen running from the area. This would not be unusual because i live at the complex and often walk/run with my dog. Other than the statement from a "witness" there is no evidence that I was the guilty party. I made no statement and there is no physical evidence. I was not arrested on that day as there was insufficient evidence to do so. The police saw fingerprints & shoe impressions on the car and supposedly took prints to the forensic lab. Approx 1 month after incident the police filed for an arrest warrent and the judge failed to sign that order (according to court clerk there was insufficient evidence to issue a warrent). My fingerprints are on file but I am not worried that the prints on the car are mine. After all I live in the community and it is reasonable my prints are on many surfaces in this community. I am looking to relocate to England and need to have this case resolved before I apply for a visa. I went to courthouse a few days ago (now it's 1.5 years after incident) and the court has given me an arraignment date of 6-18-08. What will/could happen during this arraignment. Will i have an opportunity to speak and tell the judge there is insufficient evidence to prosecute? Can I tell the judge to dismiss the case and if new evidence arises the prosecutors offfice can refile charges? The prosecutors office has had 1.5 years to gather evidence. Will they be in court and layout the strengths/weaknesses of there case? Are they going to ask for another court date to prepare their case to see if they have enough info to move forward. In otherwords...what will most likely happen on this date?
  #2  
Old 06-04-2008, 01:13 PM
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You won't be able to make any case at the arraignment. All they will do is notify you of the formal charge and ask for a plea.

You need a lawyer. The lawyer can act (even before the arraignment, or just waive it and enter the "not guilty" plea) and then pursue getting the charges dropped.
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